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affirmed agreement alleged amended amount answer Appellate Division application authority Bank cause of action charge Civil claim Company complaint condition constitute contract Corporation costs counsel County damages death deceased decedent defendant denied Department determined Digests & Indexes directed dismissed effect entitled evidence executor facts filed follows fund give given granted ground held hold income intention interest issue judgment jury Key Number Digests lease leave March Matter ment Misc mortgage motion named notice objection opinion paid parties payment person plaintiff pleading Practice premises present proceeding provision question reason received reference relation remaining respect respondent reversed rule share Special statute Supreme Court tenant Term thereof tion topic & KEY town trial trust wife York City